Sunday, 19 February 2012

Score 02/10 LTW 2012 Winter Challenge

Phew, that were a lot of questions.
Some good, some not so, but because of different perspectives, everybody could experience that a fellow judges question may trigger a thought in your brain. Not so good questions, got 'bad answers', so I'll only count and not value the content... But in a next round I might.. (>.<)

As most of you discovered, this episode was about Case 50. The Port tack boat must convince the PC that their was not a reasonable apprehension of collision by Starboard. Read (pillow)Case of the Week (08) - 50, if you want to brush up.

This was the picture/animation I made when writing the Episode. In it you see the Red boat bearing away in position 3, just short of a boat length from Purple. There's also a Pink boat. It is only to show what would have happened if Red hadn't changed course.

The Score:
I've counted the number of questions + 5 points for a perfect and correct answer. Anybody mentioning Case 50 got a bonus point. There were a some challengers who asked questions but didn't send in an answer.....

We are almost halfway towards the hundred points, dear challengers, keep it up!

Leaving aside questions of scoring here, when should cases be mentioned in decisions?

Lately I have avoided references to cases for a number of reasons. Firstly, if a case is mentioned in a decision, it appears to be a rule, when it is only an interpretation of a rule. That causes confusion, and leads to the danger of people treating phrases in cases (such as "reasonable apprehension of contact") as formulae. Secondly, a typical sailor reading the notice board can easily look up a rule, but it is harder for them to find a casebook and read it. When they do, they tend to get bogged down in detail. However, if a case is mentioned as justification for a decision, they feel obliged to read it. Thirdly, if you mention case 50, then you should also mention case 88 which is just as relevant. Then what about the relevant Q & As? Where do you stop? Fourthly, quoting cases gives an air of pretension to a decision - like saying "I must be right because I can quote all these authorities that mere mortal sailors cannot question (regardless of whether I've used them correctly)".

Under rule 65.1 a protest committee shall promptly inform the parties of the facts found, applicable rules, the decision, the reasons for it, and any penalties imposed or redress given. Why add unnecessary extra things? Cases may well be of interest to judges, but shouldn't our protest decisions be written for the sailors?

You make a couple of good points. I'll answer them in the order you've raised them:

I would mention a case in the conclusions - not in the decision, and then only if it is "special". Cases might not be rules, but they are authoritative interpretations of the rules. Q&A's are not, although if relevant I also mention those.

I have more confidence in sailors being able to find a casebook - specially in this information rich age. And some cases are good to read, also for sailors. Also, a party in the hearing has a responsibility leading back to the basic principle. She must also enforce the rules! That doesn't end when you come ashore.

Case 88 is less relevant because there both boats respond.I don't think quoting cases is pretentious, but I see your point.As long as rule 65.1 is followed and all relevant information is included, I think it is prudent to give Case information as well.

I've never stated that my views are the 'norm'. Please remember I'm not the guy who has the last say. I can only give you my opinion - which you can disagree with, as much as you want. If you state your case with valid arguments - like you have - I'm willing to change my opinion as much as the next guy. This is one of the reasons why a PC or Jury should be made up by more than one person.

Speed and distance as well as the circumstances are very relevant in this case. But those questions were asked.I would also have asked the witness precisely where she was, when she saw what she saw. Nobody asked how far in front she was.I realise that without the benefit of a drawing or boats on the table it is harder. Text only does have its limitations.But that was the challenge, was it not?

If you want a specific answer, ask a specific question. Leading questions are different - in leading questions the right answer is already in the question itself.For example: Leading: "Did you do everything you could to avoid the collision? Answer: YESSpecific: Where was your boat in relation to the other boat when you first changed course? Answer: I was less then 6 meters from his port hull pointing at his mast with my starboard bow. > And with that answer, you draw your own conclusion whether or not she did everything she could to avoid the collision.

SUBSCRIBE

About Me & This Blog

This blog is about the Racing Rules of Sailing. Anything to do with the rules. On or off the water, in the protest room or umpiring in a rubber duck, attending a seminar or reading a news item. If it involves the RRS, I will post about it.
Read more
In case you want to know where I am, you can have a look on my Facebook page.

WHAT OTHERS SAY ABOUT LTW

.... Racing Rules of Sailing- Look to Windward, which is, without a doubt, one of the best blogs on the planet about the racing rules... - Tillerman fromProper Course

If you sleep with the RRS beside your bed you got to check out this blog, Racing Rules of Sailing - Peter Gustafsson fromBlur

I think you are a bone-headed hypocrite. I just told you some solid reasons why your blog is not getting any meaningful traction. - Anony(mouse)

Great blog about regatta rules! It is a very high-quality blog, with regular articles and discussions on the regatta rules and situations, statements on interesting races and descriptions of the protests. Enjoy!- On the Croatian Sailing Blog My new favorite toy. Check out this blog about the racing rules. I'm pretty much obsessed.- Jarret from The Good Old Boat Redwing

LINK ?

LABELS (ALL) >1

SEARCH LOOK TO WINDWARD

TRANSLATE

► ◄

All files have been found searching the internet, have been submitted by the authors or have been written by myself. If someone does not agree on the use of his or her material on this site, please send an E-mail to rrs-study(a)home.nl and I will promptly remove the file.

DutyMan

Looking for some help with your volunteer duty roster? Are you sick of reminding people to do the next event?

New in The Netherlands (but you can use it anywhere on the world): DutyMan, a web based program to help organize your club duties. Want to know more? Read this post: DutyMan for the KWS or click on the banner.

OMAKASE Ad

Follow by Email

HOME > BACK TO FRONT PAGE

FOLLOWERS

EXCERPT from the NOTEBOOKS of LAZARUS LONG (*1916-†4272)

What are the facts? Again and again and again – what are the facts? Shun wishful thinking, ignore divine revelation, forget what “the stars foretell” avoid opinion, care not what the neighbours think, never mind the unguessable “verdict of history” – what are the facts, and to how many decimal places?You pilot always into an unknown future; facts are your single clue. Get the facts!